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"An economy breathes through its tax loopholes."
~ Barry Bracewell-Milnes
Refinanced already this year? Planning to spruce up your home with a few
improvements? Or is purchasing an additional piece of property part of your
holiday wish list? Take a look at your financing, as making a few smart choices
could provide an additional tax write off for 2005.
Traditionally, the rule of thumb has been that writing off “points” (one
point equals 1% of the loan amount) paid for a home loan only applied to a
purchase transaction. If an individual paid points in connection with a
refinance transaction, the points could not be deducted in one lump sum, but
instead amortized over the term of the loan. For example, if you refinanced a
$300,000 30-year mortgage and paid one point, the $3,000 would have to be spread
out over the 30-year term. The deductible amount would be 1/30th each year or
$100 per year. If your tax bracket were 33%, the tax savings would be a measly
$33 per year. However, if the entire $3,000 could be written off in the tax year
paid and not spread out over the term of the loan, the tax savings could
increase significantly from $33 to $990 ($3,000 X 33% = $990).
A recent tax court case may provide just that
loophole and allow you to write off points paid on a refinance transaction.
Here’s the scoop.
In a recent case brought before the United States Tax Court (Hurley
2005-125), the court ruled that the points paid for refinancing a property
were tax deductible due to certain criteria being met by the Hurley’s. The case
was brought to the Tax Court with the argument that the points paid for the home
loan allowed the Hurley’s to obtain a lower rate, which resulted in a lower home
loan payment. The monthly payment savings were in turn used for improvements to
the property, including a new roof, carpet, and other repairs. Being that the
Hurley’s provided documented proof of the improvements, the court ruled in their
favor and allowed the points to be deducted from the Hurley’s taxes…all in the
year the loan was refinanced.
It is important to note that if you pay points to refinance a personal
property, the points are only tax
deductible if the refinance creates a lower home loan payment and the savings
will be used for improvements to the property; or if the refinance transaction
is being done to purchase an additional property. And as always, consult your
mortgage and tax professional regarding your own specific situation to ensure
that you meet the criteria needed for a deduction of this
type. |